Terms and conditions of the online store

Good morning,

We are glad that you are in the legal documents section of our Store. This means that you are an informed customer who cares about your consumer rights and makes informed purchases.

We have good news in this regard: in our Store we care not only about the quality of products and friendly service, but also about your rights when shopping online. Our documents comply with current legislation, in particular with the latest version of the Consumer Rights Act.

Remember, if you have any questions about our policies or the products offered in our online store, you can contact us. We leave no question unanswered.

Terms and Conditions version 3.0 is effective as of 04.012024.

504 223 774

shop@rarity.pl

Rarity sp. z o.o.
Franciszka Barcza street 48/2L
10-685 Olsztyn

TERMS AND CONDITIONS OF ONLINE STORE

rarityshop.pl

1. GENERAL PROVISIONS

In the first part of the Regulations we introduce ourselves, write how to contact us in the easiest way and discuss the most important definitions you will find in this document.

1. 1. The online store is available at: rarityshop.pl and its extensions.

   2. The Online Store is operated by: Rarity Sp. z o.o. based in Olsztyn at Franciszka Barcza 48/2L Street, 10-685 Olsztyn, KRS: 0000853881, NIP: 7393943043, REGON: 38671683100000, BDO: 000530917 (hereinafter: Seller).

   3. Contact with the Online Store is possible:

1. at e-mail address: shop@rarity.pl;

2. at telephone number: 504 223 774(call center open from: 9:00 to 16:00, Monday to Friday, except public holidays);

3. using the mailing address: Rarity sp. z o.o., 48/2L Franciszka Barcza St., 10-685 Olsztyn;

4. by means of chat available in the Intern Shop.

1. 1. Acceptance of the Rules and Regulations is voluntary, but necessary in order to use selected functions of the Online Store (e.g. creating a Customer Account or making a purchase).

   2. The Rules and Regulations are made available free of charge in the Online Store in a way that allows Users:

1. to get acquainted with its content,

2. recording its content by printing it out or saving it on an external carrier, e.g. downloading it as a PDF,

3. to familiarize themselves with its current version, as well as its previous versions.

1. 6. DEFINITIONS. Whenever the following capitalized phrases are used in the following part of the Terms and Conditions, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:

1. PROMOTIONAL ACTION-special conditions for the sale of Products or provision of services, offered by the Seller at a certain time, which the Customer may take advantage of under the terms and conditions specified therein, such as, for example, a reduction in the Price for a Product or a Promotional Set, or a reduction / no cost of Shipping. The details of the Promotional Action are governed by the Terms and Conditions of the Promotional Action, as provided within the Online Store. If the Promotional Action is in effect, the provisions of the Promotional Action Regulations shall take precedence over the provisions of these Regulations.

2. BOK - the Customer Service Office of the Online Store, which provides information on the activities of the Online Store, including the Products offered or the execution of Orders.

3. PRICE - the amount of gross remuneration (including tax) in PLN due to the Seller for transferring the ownership of the Product to the Client in accordance with the Contract. The price does not include delivery costs, unless the terms and conditions of the Promotion Action in force at a given time in the Online Store state otherwise.

4. CUSTOMER - (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she undertakes to obtain the legally effective consent of his/her legal representative to conclude the Service Contract/Agreement and to present such consent at any request of the Seller.

5. CONSUMER - a natural person making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity, within the meaning of Article 22(1) of the Civil Code of April 23, 1964.

6. CUSTOMER ACCOUNT - Electronic Service; a set of resources in the Seller's ICT system, marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities of the Online Store. The Customer gains access to the Account by means of the Login and Password. The Customer logs into his Account after registering with the Online Store. The Account allows saving and storing information about the Customer's address data for shipment of Products, access to Order history and other services provided by the Seller.

7. CART - Electronic Service made available to each Customer who uses the Online Store, consisting of enabling the Customer to easily place an Order for one or more Products, occasionally to enter discount codes that allow lowering the Price on the principles specified in separate Regulations of Promotional Actions, to display a summary of the Price of individual Products and all Products together (including possible shipping costs). The shopping cart also allows you to establish and modify order data, in particular: the number of Products, delivery address, invoice data, delivery method, form of payment. As part of the Shopping Cart service, the Seller may send the Customer an e-mail message about the products remaining in the Shopping Cart or a failed/rejected transaction by the payment intermediary (transaction e-mail). The shopping cart collects the Customer's offers to conclude a Contract, i.e. more than one offer to conclude a Contract can be made within one Order.

8. LOGIN - Customer's user name provided within the Store when creating a Customer Account.

9. NEWSLETTER - Electronic Service, which allows all subscribers from cyclical information about the Online Store, in particular about Products, current activities, marketing actions and Promotional Actions, to the e-mail address provided by the User, with his/her express consent.

PRODUCT - a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller, against payment of a price. The Product constitutes goods within the meaning of Article 2 item 4a of the Act of May 30, 2014 on Consumer Rights. A product may also be digital content (i.e. data produced and delivered in digital form) available on the Online Store, which is the subject of a Digital Content Delivery Agreement for payment of a price, within the meaning of Article 2 item 5 of the Act of May 30, 2014 on Consumer Rights.

10. ENTERPRISE - CONSUMER - a Customer who is a natural person entering into an agreement directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information of Business Activity.

11. TERMS AND CONDITIONS - this document defining, among other things, the rules of concluding Contracts and the rules of providing and using services made available by the Seller via the Online Store to Users and Customers. The Regulations define the rights and obligations of the User, including the Customer as well as the Seller. With regard to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services.

12. INTERNET SHOP - Internet sales service run by the Seller in the Polish language.

13. PRODUCT PAGE - a page in the Online Store, which presents detailed information about a Product.

14. CONTENT/Content - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are posted and distributed within the scope of the Online Store by the Seller, the Seller's contractors, the Client or any other person using the Online Store, respectively.

15. AGREEMENT- Agreement for Sale and Agreement for Delivery of Digital Content.

16. AGREEMENT FOR DELIVERY OF DIGITAL CONT ENT - an agreement the subject of which is the delivery of digital content to the Customer, which means data produced and delivered in digital form (e.g. e-books, courses), against payment of the Price.

17. AGREEMENT FOR SALE - an agreement for sale within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of a Product for payment of the Price plus any additional charges, including shipping costs, the terms and conditions of which are specified in particular in these Terms and Conditions. The Sales Agreement is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other relevant terms and conditions. Each Product is subject to a separate Sales Agreement. The Seller, within the functionality of the Online Store, for objective (materially justified) reasons, may reserve the conclusion of only one Contract for several Products due to the direct relationship between the Products - e.g. a Promotional Set, according to the content of the Regulations of the Promotional Action.

18. ELECTRONIC SERVICE - provision of services by electronic means within the meaning of the Act of July 18, 2002 on the provision of services by electronic means, by the Seller to the Customer via the Online Store, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Seller, the relevant provisions on the rules of use of these services are contained in the regulations on the provision of services by these entities.

19. USER - a natural person browsing the resources of the Online Store, without setting up a Customer Account and making a purchase.

20. ORDER - a declaration of will of the Customer expressing a direct will to conclude a Remote Agreement, made using means of remote communication, specifying the Product for which the Customer is making an offer to conclude an Agreement and the Customer's data necessary for the possible conclusion and execution of the Agreement. The order of each Product will be treated as an independent offer by the Customer to conclude the Contract (technical facilitation). During the Promotional Action, the Seller, within the functionality of the Online Store, for objective reasons, may condition the conclusion of one Contract for several Products within the Promotional Set, due to the direct relationship between the Products. The Order may be assigned a single number, and all offers will be processed in parallel. Acceptance of the Order implies the conclusion of the Contract.

2. RULES OF USE OF THE ONLINE STORE

In the rules of use of our Store we explain what minimum technical requirements you must meet in order to use its functionality without problems.

1. 1. The minimum technical requirements of the User's device for full and correct use of the Online Store:

1. device with access to the Internet;

2. the latest version of a web browser;

3. active e-mail account (e-mail address) in order to set up a Customer Account, subscribe to the Newsletter, or make a purchase.

1. 2. The Seller does not guarantee that the use of the Online Store will be without errors or technical interruptions. The Seller reserves the right to suspend or restrict access to the Online Store at any time, without prior notice to Customers. The Seller will strive to immediately restore the operation of the Online Store. Technical interruptions should not affect the execution of Orders already placed.

   3. The Seller is not responsible for the content and contents of other services and portals to which the Customer may be redirected using links placed in the Online Store (e.g. courier companies or payment operators).

3. ELECTRONIC SERVICES IN THE ONLINE STORE

In the third part we present the Electronic Services available in our Store. An Electronic Service is, for example, a Shopping Cart or Newsletter. We explain how to make complaints about Electronic Services.

1. 1. The Seller provides through the Online Store the following Electronic Services to Users, including Customers, which do not require payment of the Price:

1. maintaining a Customer Account, in case of its registration;

2. enabling Customers to place Orders, to conclude Contracts, under the terms of these Regulations;

3. presenting Customers with advertising content tailored to their interests;

4. enabling Customers to use Shopping Cart services;

5. Enabling Customers to add opinions about purchased products;

6. allowing to view Content placed within the Store, including marketing content;

7. chat;

8. Newsletter.

Customer Account

1. 2. The Seller additionally, for the benefit of Customers who have created a Customer Account, provides the following services through the Online Store:

1. maintaining the Client's session after the Client logs into the Account (using the browser);

2. storing and making available to the Customer through the Account the history of Orders;

3. enabling changes to the Customer's data within the Customer's Account;

4. Allowing the Customer to take advantage of discounts assigned to the Customer's Account;

5. managing added Opinions and comments posted on the blog associated with the Website.

1. 1. The use of the Account is possible after the following steps are taken together by the Customer:

1. completing the registration form by indicating the e-mail address, name and surname and assigning a password and consenting to the processing of personal data, accepting the provisions of these Regulations and Privacy Policy;

2. confirming the desire to establish a Customer Account by activating the link in the e-mail received at the indicated e-mail address ( double check in process);

3. successful registration, which will be confirmed by an email from the BOK of the Online Store.

1. 4. The Agreement for the Provision of Services is concluded when the Customer receives confirmation of the registration of the Customer's Account, sent by the Seller to the email address provided by the Customer. The Account is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Seller (e.g. using the means of communication described in Section 1.3 of the Terms and Conditions.

Shopping Cart

1. 5. The use of the Shopping Cart begins from the moment the User adds the first Product to the Shopping Cart.

   6. The Shopping Cart is a service provided free of charge, for the period during which there are unpurchased Products in the User's Shopping Cart. The moment an order is placed and successfully paid for, the service is terminated.

   7. The Customer has the ability to correct the entered data on his/her own within the "Shopping Cart" panel by adding or removing a given item from the Shopping Cart. Removal of an item may automatically remove another item from the Cart as well, due to the direct relationship between the Products. The Shopping Cart also allows you to set and modify order data, in particular: delivery address, invoice data, delivery method, payment method, add discount codes.

Newsletter

1. 8. Newsletter service includes:

2. 
   

   1. 1. receiving by Users subscribed to it (Service Recipients), who made their e-mail address available to the Seller (Service Provider), by electronic means, including by means of automatic calling systems, commercial information on products and services of the Seller and Seller's partners, including in particular information on their current offer, promotions, discounts and marketing actions (e-mail marketing);

   2. Use of the Newsletter service is possible after the following steps are performed by the User:

   1. making available at least his/her e-mail address, in the designated field in the Online Store or checking the appropriate checkbox to receive commercial information through the selected communication channel;

   2. accepting the provisions of these Terms and Conditions (including additionally by clicking on the activation link sent by the Seller to the e-mail address provided by the User - if such functionality has been made available) and confirming that the User has read the Privacy Policy. The Service Provider may also provide other ways to accept the provisions of the Terms and Conditions.

   1. The Newsletter service is provided for an indefinite period of time.

   2. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resignation from the service), in particular by sending a request for discontinuation of the Newsletter service to the contact data specified in item. 1.3 of the Terms and Conditions, or by clicking on the deactivation link included in the email message sent to the Customer within the Newsletter service, or by clicking on the appropriate button on the Online Store website, to which the link is included in the first message sent to the phone number provided in connection with the Newsletter service registration. Unsubscribing from one of the channels of the Newsletter service in the manner indicated above, does not mean automatic unsubscribing from the other channel of the Newsletter service.

   3. The Seller may at any time terminate the Agreement for the provision of Customer Account and Newsletter services at one week's notice for important reasons, understood as (closed catalog):

1. a change in the provisions of law governing the provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the Agreement, or a change in the interpretation of the aforementioned provisions of law as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the field;

2. a change in the manner in which services are provided due solely to technical or technological reasons (in particular, updates to the technical requirements indicated in these Regulations);

3. a change in the scope or provision of services to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Regulations.

1. 13. The Service Provider shall send its statement to the extent specified in the above paragraph to the e-mail address or telephone number provided by the Client during registration for the Newsletter service.

   14. The Vendor may terminate the Agreement with seven days' notice to the Customer or deny the Customer's further right to use the Newsletter service, as well as may restrict the Customer's access to part or all of the content referred to above for valid reasons, i.e. in the case of a gross violation of these Terms and Conditions by the Customer, i.e. in situations when the Customer (closed catalog): uses the Newsletter in a manner inconsistent with the provisions of applicable law and violating the rights of third parties, contrary to the provisions of these Terms and Conditions, as well as inconsistent with custom and rules of social coexistence, in particular, provides content of an unlawful nature.

Complaints about Electronic Services

1. 15. Complaints related to the provision of Electronic Services may be submitted in any form. It is recommended to use the means of communication indicated in Section 1.3 of the Regulations.

   16. A sample complaint form is available under the Terms and Conditions.

   17. The Seller shall respond to the complaint immediately, no later than within 14 days of its submission.

4. TERMS OF PLACING AN ORDER AND CONCLUDING A CONTRACT

This is a very important part of the Terms and Conditions, in which we explain how you can purchase our Products, i.e. place an Order and then conclude a Contract.

1. 1. Information presented in the Online Store is only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, directed by the Seller to Users, including Customers, and not an offer according to the provisions of the Civil Code.

   2. The main features of the performance, including the subject of the performance and the method of communication with the User, are specified on the Product Page or in another manner appropriate for the Product, within the scope of the Online Store. If the Product does not have certain features, characteristics or functions (e.g., it is an outlet product), the Seller shall clearly inform the User about it before the User places the Order.

   3. As part of the development of the Products or services available on the Online Store and due to their specificity, the Seller may introduce restrictions on the ways of placing Orders for certain Products. In the case of placing several Orders at the same time, of which the restriction referred to above applies to at least one, this may affect the availability of the ways of placing Orders for the remaining ones as well.

   4. The Contract between the Customer and the Seller is concluded after the Customer places an Order.

Placing Orders

1. 5. The Seller allows the User to place an Order via the Online Store in the following manner, consecutively:

1. The Customer adds the selected Product (or Products) to the Shopping Cart and then proceeds to the order form (purchase path);

2. A User who is logged in to his/her Customer Account confirms in the order form the validity of the data necessary to place an Order.

3. A User who does not have a Customer Account must independently fill in the order form to the extent necessary to place an Order. In the form it is necessary for the User to provide the following data concerning the Customer: name and surname, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and data concerning the Contract: place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company and Tax Identification Number. In the case of Entrepreneurs - Customers, the Seller may ask to indicate the entrepreneur's PKD numbers.

4. In any case, providing outdated or false data when filling out the Order form may prevent the execution of the Order and conclusion of the Contract.

5. When filling in the Order form, choose the method of payment of the Price and specify the method of delivery of the Product, if it is subject to shipment.

6. The Customer sends the Seller the Order (makes an offer). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions and reading the Privacy Policy is required.

7. Depending on the chosen method of payment for the Order, the Customer may be redirected to the pages of a third-party payment service provider to make payment or provide data for purchase on installments or deferred payment.

1. 1. The Seller, in response to the Order, immediately sends an automatic message to the Customer at the e-mail address provided by the Customer for this purpose, confirming receipt of the Order.

   2. After verifying the Order, without unreasonable delay, the Seller sends a message to the Customer at the provided e mail address with:

1. a. confirmation of acceptance of one or more individual offers for the Products, made under the Order, and confirmation of the conclusion of the Contract (acceptance of the Order with respect to the Products indicated in the message); or

b. information about the impossibility of accepting all offers for Products, made within the Order, e.g. due to lack of payment.

1. 8. The Contract is concluded upon confirmation of the offers(s) from the Order, i.e. sending to the Customer the email message referred to above to the extent of the Products indicated therein.

   9. By placing an Order, the Customer agrees to receive a bill / invoice, correction invoice and duplicates of these documents in electronic form, to the indicated e-mail address. Along with the confirmation of the Order, the Seller sends a bill / invoice. At the same time, the Customer declares that he will receive the above electronic invoices at the e-mail address provided by him.

   10. If it is not possible to accept all or some of the offers made under the Order, the BOK will contact the Customer in order to:

1. inform the Customer of the impossibility of accepting all the offers submitted within the Order; or

2. to confirm the Customer's willingness to execute the Order in the part in which the Seller has agreed to accept the offers to conclude the Contract. The Customer may then cancel the Order in its entirety (to the extent of all offers made), which does not affect its right to cancel the Contract. The Customer's cancellation of the Order shall relieve the Seller from the obligation of further execution of the Order. In the case of cancellation of the Order, the following section shall apply accordingly.

1. 11. In the event that the offers/offers made under the Order cannot be accepted, the Contract in terms of the Products indicated by the BOK is not concluded, and the Seller shall immediately, no later than within 14 days, return to the Customer the payments made by the Customer, to the extent that the Contract has not been concluded.

   12. Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or contacting by phone.

   13. The Seller strives to ensure the availability of all Products and the performance of the Contract. In case of inability to fulfill the performance in emergency or unforeseen situations, and in other situations defined by law, the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, in particular concerning the obligation to immediately return the performance to the Consumer, may apply.

   14. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, during the period selected by the Seller, determine the threshold of the minimum value of the Order for which shipping of the Products is free. The Customer is informed about the total price including taxes of the Product, as well as delivery and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, before placing the Order and before concluding the Contract.

   15. Promotional Actions valid in the Online Store do not combine, unless the provisions of the Promotion expressly provide otherwise.

5. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

We are flexible - our Store allows various payment methods. Check how you can pay for your Order.

1. 1. The Seller provides the Customer with various methods of payment for the Order through trusted payment intermediaries:

1. electronic payments (e.g. Tpay, BLIK);

2. cash on delivery or payment;

3. payment via traditional transfer;

4. payment during personal collection.

1. 2. Possible current payment methods are specified in the Online Store and presented before the Customer places an Order and before concluding the Contract. The available payment methods may depend on the delivery method chosen by the Customer or the characteristics of the Product. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.

   3. If the Seller does not receive the Customer's payment, the BOK may contact the Customer to remind him of the payment and the abandoned shopping cart, including by sending an email (transaction email). Failure to make payment within 2 days of placing the Order, and then within an additional 2-day period, will result in non-acceptance of the offer made by the Customer under the Order. The Customer may also cancel the Order without incurring any consequences by contacting the Seller via the BOK until receipt of the message about sending the Order, which does not affect his right to cancel the contract.

6. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

Delivery of the product is a very important part of the processing of the Order. We try to deliver the Product to you as soon as possible.

1. 1. Delivery of the Product is made through an external company - a postal operator (such as a courier company or a company that performs pick-up at the point) or through a designated employee of the Seller. The choice of the method of delivery of the Product is made by the Customer when placing the Order.

   2. Delivery of the Product to the Customer is chargeable, unless the Customer has placed an Order with free delivery, after meeting the criteria for free delivery or during the Promotional Action for free delivery. The currently available Product delivery costs are indicated to the Customer prior to placing the Order and concluding the Contract.

   3. The available delivery methods may depend on the payment method selected by the Customer or the features of the Product. The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.

   4. Delivery is usually made within 24 hours from the date of confirmation of the Order. The total delivery time of the ordered Product consists of :

1. time of preparing the Order for shipment by the Seller (up to 2 working days from the date of confirmation of the Order by the Seller). If several Products are ordered, the Order will be forwarded for delivery after the Product with the longest preparation time is prepared;

2. and the time of delivery of the Product by the selected courier company or other postal operator. The delivery time of the courier company or postal operator is indicated at the stage of placing the Order and depends on the type of Product ordered and the deadlines of the courier company or other postal operator in question.

1. 5. In the case of purchase of a Product in pre-order mode, the Seller will deliver the Product to the Customer at the time clearly indicated during the ordering process (e.g. no later than the date indicated on the Product Card) extended by the delivery time selected by the Customer.

   6. In extraordinary situations, the delivery period may be extended, of which the Seller will inform the Customers (e.g. sale period, holiday period, unforeseen circumstances such as pandemic outbreak).

   7. In the event that the Order preparation or Product delivery time is extended, the Seller reserves the right to contact the Customer to inform him of the reason for the delays and the new planned delivery date.

   8. The shipping time of the Order may be extended in the case of Products that will require personalization on the Customer's order. The Customer will be informed of the shipping time on the Product Card or when placing the Order.

   9. Receiving the shipment with the Product from the courier or postal operator, if possible, the Customer should verify with the carrier that the Product was delivered whole, without defects. If the Product is damaged by the carrier, a damage report should be written and the Seller should be informed.

   10. If the Customer concludes a Digital Content Delivery Agreement, the Product will be made available via an email message containing a link to a page that allows its download. The email message will be directed to the email address provided by the Customer, and delivery of the Product will be free of charge.

   11. Courier companies, postal operators and companies operating Points of Collection have their own regulations as to how the delivery service is to be carried out (including any complaints regarding delivery, the time and manner of reporting any damage to the shipment and other relevant issues) - detailed information in this regard can be found on the websites of the companies carrying out the delivery. Please read these terms and conditions before choosing a delivery method.

7. Reviews posted on the online store

Our Store, like many other e-commerce entities, collects reviews of Products. We strive to make this process as transparent as possible. We care about honest feedback. Therefore, in this section of the Terms and Conditions, we explain what rules apply in our Store during the process of posting reviews and comments.

1. 1. All opinions of Customers on Products purchased in the Online Store are verified. The Online Store obtains opinions only from people who have actually made a purchase.

   2. After receiving the ordered Products, the Customer may be asked to voluntarily add an opinion on the purchased Product.

   3. The Customer may add an opinion on the Products via the feedback form available on the product card located on the Online Store.

   4. By completing the opinion form, the Customer agrees to publish the subjective content contained therein about the purchased Product and to provide personal data to the extent necessary to post the opinion. Depending on the adopted feedback mechanism, the Customer may be asked to give a comment, number of stars (e.g. from 1 to 5), or mark a scale of satisfaction or dissatisfaction with the Product.

   5. Opinions posted on the Online Store are not sponsored in any way, and their content does not affect the terms of future contracts with the Seller.

   6. The Online Store posts all opinions, both positive and negative, as long as their content does not violate the provisions of the Terms and Conditions or applicable law.

   7. Opinions posted on the Online Store are subject to verification in terms of being drawn up by Customers who actually purchased the Product. The aforementioned verification is carried out by comparing the data of Customers who purchased the reviewed products with the data of persons posting opinions:

1. In the case of posting opinions on the Website on the Product Card, the Customer is obliged to provide the e-mail address associated with the Order or other data on the basis of which the Online Store, for verification purposes, will associate his/her opinion with a specific Order.

8. PRODUCT COMPLAINT

We pay great attention to the workmanship of our products. However, if you have any objections to the purchased goods - check how to easily file a complaint with us.

1. 1. The Customer, who is a Consumer and Entrepreneur - Consumer is entitled to make a complaint about the purchased Product.

   2. The Seller is responsible for the compliance of the performance with the contract, in particular, it is obliged to provide the Customer with the Product without defects and consistent with the concluded Contract. The Seller shall not be liable for the Product's non-compliance with the Contract to the extent specified in Article 43b Paragraph 2 or 3 of the Consumer Rights Act, if the Consumer has been clearly informed that a specific feature of the Product deviates from the requirements for compliance with the Contract and, at the latest at the time of conclusion of the Contract, has expressly and separately accepted its features.

   3. The Seller shall be liable for the lack of conformity of the Product with the Contract existing at the time of its delivery to the Consumer and revealed within 2 years from that time, unless the Product's shelf life is longer.

   4. A complaint may be submitted by the Customer in any form. You are encouraged to file a complaint using the forms of communication available in Section 1. 3 of the Terms and Conditions.

   5. In the event of non-conformity of the Product with the Contract, the Customer, being a Consumer and Entrepreneur-Consumer, shall have the rights set forth in Chapter 5A - Consumer Rights Act (hereinafter: non-conformity of the goods with the Contract).

   6. In case of non-conformity of the goods with the Contract, the Consumer may demand:

1. its repair

2. or replacement.

The Seller may make a replacement when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer:

1. is impossible

2. or would require excessive costs for the Seller.

If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the goods into conformity with the contract.

The Seller shall repair or replace the goods at its expense within a reasonable time from the moment when the Seller was informed by the Consumer about the non-compliance of the goods with the contract. The Consumer is obliged to make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods at his expense.

1. 7. The Consumer is also entitled to submit a statement of price reduction or withdrawal from the Contract when:

1. The Seller refuses to bring the goods into conformity with the Contract;

2. The Seller fails to bring the goods into conformity with the contract;

3. the lack of conformity of the goods with the contract continues, despite the fact that the Seller has tried to bring the goods into conformity with the contract;

4. the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first demanding repair or replacement of the goods;

5. the Seller's statement or circumstances clearly indicate that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.

1. 1. If the Consumer submits a statement of price reduction, the amounts due as a result of exercising this right will be refunded to the Client no later than 14 days from the date of receipt by the Seller of the Client's statement of price reduction. The refund will be made using the same method of payment that the Customer used when paying for the goods, unless the Customer expressly agrees to a different method of refund.

   2. If the digital content does not conform to the Agreement, the consumer may request to bring it into conformity with the Agreement. The trader may refuse to bring the digital content or digital service into conformity with the Agreement if bringing the digital content or digital service into conformity with the Agreement is impossible or would require excessive costs for the trader, in the assessment of which all circumstances of the case are taken into account, in particular the significance of the non-conformity of the digital content or digital service with the Agreement and the value of the digital content or digital service in conformity with the Agreement.

   3. The trader shall bring the digital content or digital service into conformity with the contract within a reasonable time from the moment the trader is informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account their nature and the purpose for which they are used. The cost of bringing the digital content or digital service into conformity with the contract shall be borne by the entrepreneur.

   4. If the digital content or digital service is not in conformity with the contract, the consumer may make a declaration to reduce the price or withdraw from the contract when:

2. 
   

   1. 1. bringing the digital content or digital service into conformity with the contract is impossible or requires excessive costs;

      2. the trader has failed to bring the digital content or digital service into conformity with the contract

      3. the lack of conformity of the digital content or digital service with the contract continues, even though the trader has tried to bring the digital content or digital service into conformity with the contract;

      4. the lack of conformity of the digital content or digital service with the contract is so significant that it justifies either a price reduction or cancellation of the contract without first attempting to bring the content into conformity with the contract;

      5. it is clear from the trader's statement or circumstances that he will not bring the digital content or digital service into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

   2. If the Consumer exercises the right of withdrawal in the situations referred to in Article 43e (1) of the Consumer Rights Act, the Customer shall return the goods to the seller immediately. Any costs associated with the return of goods in the circumstances indicated in the preceding sentence shall be borne by the Seller. The Seller will refund the purchase price within 14 days from the date of receipt of the goods or proof of their return.

   3. The Seller shall be liable for non-conformity of the goods with the contract existing at the time of delivery and disclosed within 2 years from that time. Customer's claims for non-conformity of goods with the contract shall be time-barred after 6 years from the date of disclosure of non-conformity of goods with the contract. The end of the limitation period is the last day of the calendar year.

   4. It is recommended that the Customer provide in the description of the complaint:

3. (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Agreement or a statement of price reduction or withdrawal from the Agreement; and (3) contact details of the complainant (name and surname, mailing address, telephone number, e-mail address) - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

   15. The Seller will respond to the Customer's complaint immediately, but no later than within 14 days of receipt. Otherwise, the complaint is considered to have been accepted by the Seller.

9. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

We are based on the assumption that in case of a difference of opinion with the customer, it is worth talking and seeking a mutual agreement on an amicable basis. See how we can resolve a dispute.

1. 1. The use of out-of-court methods of handling complaints and claims is voluntary. The following provisions are for information purposes and do not constitute an obligation on the part of the Seller to use out-of-court means of dispute resolution. The Seller's statement of consent or refusal to participate in the proceedings on out-of-court settlement of consumer disputes is submitted by the Seller on paper or other permanent medium in the event that, following the complaint filed by the Consumer, the dispute has not been resolved.

   2. The rules for conducting proceedings on out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including, in particular, the Law of September 23, 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, may be available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following web address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings on out-of-court settlement of consumer disputes.

   3. The Customer, who is a Consumer, has the following examples of out-of-court means of dealing with complaints and claims:

1. The Customer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection, with a request to resolve a dispute arising from the concluded Agreement.

2. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers).

3. At http://ec.europa.eu/consumers/odr, the European Commission provides a platform̨ for resolving consumer disputes online. The seller does not currently participate in this voluntary alternative dispute resolution procedure.

10. RIGHT OF WITHDRAWAL (RETURNS)

We know that sometimes consumers want to exercise their statutory right to return. We fully understand this. Find out how quickly and without problems you can make a withdrawal from a contract concluded at a distance with us.

1. 1. A Customer, who is a Consumer, who has concluded a contract at a distance or off-premises, may withdraw from it without giving any reason and without incurring any costs, except those provided by law, within 21 days from the date of taking possession of the purchased Product. The regulations of this section of the Regulations also apply to the Entrepreneur - Consumer, who declares that he exercises his right to withdraw from the contract under the Act of May 30, 2014 on Consumer Rights, as he has entered into a contract directly related to his business activity, and the contract itself is not of a professional nature for him.

   2. To meet the deadline, it is sufficient for the Consumer or Entrepreneur-Consumer to submit a statement to the Seller before its expiration. The Consumer or Entrepreneur-Consumer may make any unambiguous statement in which he informs about his withdrawal from the Sales Agreement.

   3. The statement of withdrawal from the Sales Agreement may be made using the form of withdrawal from the Agreement, the template of which can be found under the Terms and Conditions. The statement of withdrawal from the Agreement may be submitted in any form to the data indicated in section 1.3 of the Terms and Conditions, but using the form will help us to process your case faster.

   4. The Customer may also submit a declaration of withdrawal from the Contract via the online withdrawal form available at: https://zwroty.responso.com/5d83c5354a54ffc77dc15f5d44be38f7 .

   5. Consumer and Entrepreneur - The Consumer can take advantage of the free return of the Product (return shipping cost from the Consumer to the Seller) when using the website szybkiezwroty.pl.

   6. In the case of returning the Product via another postal operator, the Customer shall bear the cost of return shipment to the Seller by himself.

   7. The period for withdrawal from the Sales Agreement begins from the date of taking possession of the products by the Consumer, Entrepreneur - Consumer or a third party other than a carrier (proxy) indicated by the Consumer, and in the case of a Sales Agreement that includes multiple products that are delivered separately, in batches or in parts - from taking possession of the last product, batch or part.

   8. Consumer and Entrepreneur - the Consumer is obliged to return the product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to return the product before its expiration. The consumer may return the product to the address: Rarity sp. z o.o., Franciszka Barcza Street 48/2L, 10-685 Olsztyn .

   9. Consumer and Entrepreneur - Consumer should secure the returned product in such a way that it is not damaged during transport.

   10. In the case of effective withdrawal from a contract concluded at a distance, the contract is considered not concluded.

   11. The Seller is obliged to immediately, but no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur-Consumer about withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivery of the product (except for additional costs resulting from the delivery method chosen by the Client other than the cheapest ordinary delivery method available in the Online Store). The Seller may withhold sending the refund until it has received the returned goods or sent us confirmation of shipment of the package, whichever comes first.

   12. If the Consumer or Entrepreneur-Consumer exercises the Statutory Right of Revocation, the Seller shall refund the payment using the same method of payment used by the Consumer, unless he or she has expressly agreed to a different method of refund that does not incur any costs for him or her.

   13. If the Consumer or Entrepreneur-Consumer exercises the Statutory Right of Revocation, the Consumer or Entrepreneur-Consumer shall be liable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to ascertain the nature, characteristics and functioning of the product or in connection with improper care of the product or improper packaging of the product when sending it back to the Seller. The liability of the Consumer or Entrepreneur-Consumer may include, in particular, the inability to introduce the product for sale as a full-value product, the cost of reattaching tags and security elements to the product, as well as the cost of restoring the Product to a condition that allows it to be reintroduced for sale through the Online Shop, including the cost of examination of the product by a specialist and the cost of removal of defects found as a result of such examination (to the extent that these defects are due to the Consumer's use of the product in a manner beyond what is necessary to ascertain its nature, characteristics and functioning).

   14. The statutory right of withdrawal does not apply to the Consumer and the Entrepreneur-Consumer in the following circumstances:

1. in case of exceeding the deadline of 21 days to inform the Seller about the will to withdraw from the sales contract;

2. in the situations referred to in Article 38 of the Consumer Rights Act;

3. with respect to Contracts for the Delivery of Digital Content if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract. The moment of performance commencement is the delivery of an email to the Buyer with instructions to access the Digital Content.

11. INTELLECTUAL PROPERTY RIGHTS

In this section we indicate what intellectual property rights we protect on our website and what rules you must follow.

1. 1. All rights to the Online Store, in particular, property copyrights, intellectual property rights to its name, Internet domain, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Seller belong to the Seller, and their use may be made only in accordance with the Terms and Conditions.

   2. It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Online Store, the Service or its elements without the prior written consent of the Seller, except as expressly permitted by the provisions of applicable law and these Regulations. The Seller may take steps, including through legal proceedings, to protect its own interests and those of the Online Store's Customers.

   3. The rights to use, copy and distribute data available on the website are subject to the provisions of the Law on Copyright and Related Rights.

   4. Use of the data of the Online Store for commercial purposes may take place after prior notification to the Seller and obtaining his written consent.

12. PERSONAL DATA PROTECTION

Check how we take care of your personal data.

1. 1. The principles of personal data protection are defined in the document "Privacy Policy".

   2. The rules for the use of cookies on the Website are defined in the document "Cookies Policy".

13. PROVISIONS FOR NON-CONSUMER CUSTOMERS

If you are shopping in our store and you are not a consumer - this part of the Regulations is addressed to you.

1. 1. This section of the Rules and Regulations and the provisions contained herein apply only to Customers who are not Consumers and Entrepreneurs - Consumers.

   2. At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transporting the shipment.

   3. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product against the Customer who is not a Consumer is excluded.

   4. Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.

   5. Whenever the liability of the Seller, its employees, authorized representatives and/or attorneys is established, such liability to the Customer who is not a Consumer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the Price paid and delivery costs under the last Sales Contract and shall cover only the real damage suffered.

   6. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's seat.

   7. With regard to Customers who are not Consumers, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable laws.

14. FINAL PROVISIONS

1. 1. The Regulations in version 3.0. come into force on 04.01.2024.

   2. The Terms and Conditions are available in the Polish language.

   3. In matters not regulated by these Regulations, the provisions of universally applicable law shall apply.

   4. Unless mandatory provisions of the law provide otherwise, the Polish law shall be applicable to resolve any disputes arising under these Regulations.

   5. If the mandatory provisions of law of the country of the Customer's habitual residence provide for more favorable conditions for the Customer than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the country of the Customer's habitual residence shall apply.

   6. The content of these Regulations may be subject to change due to, for example, changes in the way of doing business, technical capabilities or amendments to generally applicable law. The Online Store will inform about any changes by posting information on the Online Store website, in the case of Users subscribed to the Newsletter or having an active Customer Account - in the form of an email message. For sales contracts concluded through the Online Store, we apply the provisions of the Terms and Conditions current as of the date the Sales Contract is bound.

Previous versions of the Regulations:

Terms and Conditions 2.0

Link to forms:

Complaint form

Withdrawal form